IMPORTANT POINT
The court upheld the Travancore Devaswom Board's authority to revise Vazhipadu rates, emphasizing judicial restraint unless actions are proven arbitrary or unreasonable.

ORDER :

Anil K. Narendran, J.

This DBP is registered based on Report No.2 of 2024 of the learned Ombudsman in Petition No.12 of 2023 and Complaint Nos.217, 218, 234 and 235 of 2023. Petition No.12 of 2023 is one filed by the Travancore Devaswom Board seeking permission for enhancement of the rate of Chirappu Vilakku Vazhipadu of 18kg and 36kg oil at Sarkara Devaswom, which is under the management of the Travancore Devaswom Board. Paragraphs 19 and 20 of the report of the learned Ombudsman read thus:

“19. The rate was increased only in 2015. The proposed rates for the Muthalkoottu does not appear to be unreasonable warranting interference. However in the case of supplier cost it is a specific contention of the devotees that hitherto the practice followed was to receive the muthalkoottu amount and materials brought by them were received by the authorities. Now the devotees are prevented from bringing commodities required for the Vazhipadu and they also have to remit the entire amount Whether there is any justification for this or not is a matter for consideration, I would suggest that if there is a prevailing practice of accepting muthalkoottu after accepting the materials brought by the devotees, such precedents enjoyed by the devotees who are the best benefeciaries attached to the temple, may be allowed to continue the practice However, those who want to conduct the Vazhipadu by paying the full amount including muthalkoottu and supplier cost as per rates fixed can continue to do so. If this is accepted there will not be any heart burn for the devotees who are unable to perform the Vazhipadu by remitting the amount of supplier cost. However, it is for the Honourable High Court to finally decide the matter and pass appropriate orders.

20. The Administrative Officer who was present here, subsequently gave me a statement along with certain records justifying the proposed increase in the Vazhipadu rate and denying the allegations raised against her (Annexure 08). However, without conducting an enquiry, whether the statement should be accepted as correct cannot be decided. There are other complaints pending before this office raising allegations against the Administrative officer. As they are under consideration, a final report will be made to the Honourable High Court and in case an enquiry is to be ordered by the Vigilance, these complaints can also be forwarded for enquiry pending further orders. This can be decided after getting reply from the Devaswom Authorities and considering the gravity of misconduct, if any, alleged in those complaints. Hence a separate report will be made in those complaints as and when proceedings are completed.”

2. On 12.04.2024, when this DBP came up for consideration, the learned Senior Government Pleader entered appearance for the 1^st respondent. It was ordered that the remarks of the 1^st respondent, in the form of an affidavit, shall be placed on record within four weeks.

3. On 26.07.2024, notice was ordered to respondents 3 and 5, namely, the complainants in Complaint Nos.218 of 2023 and 235 of 2023 before the learned Ombudsman (who alone have furnished their address in those complaints) by speed post, returnable within three weeks. It was ordered that an affidavit on behalf of the Travancore Devaswom Board, with specific reference to paragraph 8(d) of the remarks dated 25.01.2024 of the Senior Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit, and the observations made in paragraph 11 of Report No.2 of 2024 of the learned Ombudsman, shall be placed on record within a period of two weeks.

4. Along with I.A.No.1 of 2024, the petitioner has placed on record Annexure A1 Board Order dated 19.05.2022. Paragraph 2 of the affidavit filed in support of that application reads thus;

''2. It may be noted that in paragraph 8(d) of the remarks dated 25/01/2024 of the Senior Deputy Director, Kerala State Audit Department, Travancore Devaswom Board Audit, and the observations made in paragra